No final map shall be signed by the City Engineer or recorded until required improvements are completed or an improvement agreement is executed and all required securities are received and approved by the City in accordance with this chapter.
(08-05)
If a subdivider is required to construct off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest to allow construction, acquisition of land or right-of-way for such improvements shall be carried out in accordance with the Subdivision Map Act.
(08-05)
Improvement security shall be in a form as prescribed by the Subdivision Map Act. The amount of security shall include all of the following:
A. 
One hundred percent of the total estimated improvement construction cost to guarantee the construction or installation of all improvements.
B. 
An additional amount of 100 percent of the total estimated improvement construction cost to guarantee payment to the subdivider's contractor, subcontractors, and persons supplying material, labor, or equipment for the construction or installation of improvements.
C. 
An additional amount as determined by the City Council necessary to warranty the improvement construction for a period of one year following City acceptance thereof against any defective work or materials.
D. 
If the improvement security is other than a bond or bonds furnished by a duly-authorized corporate surety, an additional security amount shall be provided as determined by the City Council necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the City in successfully enforcing the obligation secured.
(08-05)
In the event that the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the City Council for a reduction in the amount of the improvement security required by this chapter up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The City Council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this chapter.
(08-05)
A. 
Construction Commencement and Inspection
Improvement construction shall not commence until all required improvement plans have been approved by the City Engineer and all required permits have been issued. All improvements are subject to inspection by the City Engineer or other authorized City personnel. Construction methods and materials for all improvements shall conform to accepted engineering practice and the City's standard engineering specifications.
B. 
Acceptance of Improvements
Subdivision improvements shall be accepted by the City only upon the City Engineer's determination that such improvements have been constructed satisfactorily in accordance with approved plans. When requested by the subdivider in writing, the City Engineer may consider acceptance of a portion of the subdivision improvements. Such improvements shall be accepted only if the City Engineer finds that such improvements are necessary for public use. Acceptance of a portion of improvements shall not relieve the subdivider from completing the full subdivision improvements nor from satisfying any other requirements of this chapter.
(08-05)
A. 
Performance Security
Performance security shall be released upon acceptance of improvements by the City and acceptance of a warranty security by the City Engineer.
B. 
Material and Labor Security
After acceptance of subdivision improvements by the City, the City Engineer may reduce the security submitted to secure payments to contractors, subcontractors, and suppliers to an amount equal to the amount of all claims therefor filed and for which notice has been given to the City Council.
C. 
Warranty Security
Warranty security shall be released upon completion of the 12-month warranty period provided all deficiencies identified by the City have been corrected to the satisfaction of the City Engineer.
(08-05)
Upon the failure of a subdivider to complete all improvements within the time specified in an improvement agreement or extension thereof, the City Council may, upon notice in writing of not less than 20 days served by certified mail or by any other manner of notice authorized by the Subdivision Map Act or the improvement agreement, determine that the subdivider is in default. The Council may then determine that the improvement security or such portion thereof necessary to complete the work or any other obligation of the subdivider shall be forfeited to the City.
(08-05; 21-06)